Court No. - 85
Case :- APPLICATION U/S 482 No. - 20581 of 2021 Applicant :- Vivek Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Sandeep Mishra, learned counsel for the applicant and Sri Arvind Kumar, learned AGA for the State respondents.
By means of the present application, the applicant herein is seeking for quashing of the order dated 14.11.2019 and the order dated 29.01.2020 passed by J.M. II Agra in Complaint Case No.15 of 2014 under Section 138 of the NI Act, 1881.
The applicant has challenged the order dated 14.11.2019 passed by the Court below issuing non bailable warrant against him because of his absence without any application when the case was fixed for his evidence.
However, learned counsel for the applicant has not been able to point out any illegality in the order dated 14.11.2019. He has only submitted that the applicant is willing to appear before the Court below and participate in the trial, provided the non- bailable warrant issued against him is recalled.
It is needless to say that the applicant is always at liberty to appear before the Court below and move suitable application for recall of the warrant, this Court finds no reason to doubt that in case the applicant files an appropriate application, the court below shall pass suitable orders, in accordance with law.
With the aforesaid observations, the application is disposed of. Order Date :- 23.12.2021 P Kesari